Which one of the following doctrines is not associated with Natural Law thinking,Doctrine of substituted security,Doctrine of due process,Doctrine of bias,Doctrine of reasonableness,A
Which proposition below is the most powerful refutation of Olivecrona's psychological explanation of law?,Coercion plays no part in our decision to obey the law.,He provides no empirical evidence in support of his thesis.,His argument is itself metaphysical.,He neglects the relation between morality and legal duty.,B
"Soft positivism accepts that the rule of recognition may include moral criteria.'
Which proposition below is the most inconsistent with this description?",Incorporationism' accepts that judges may decide cases by reference to moral factors.',A soft positivist rejects the role of morality in the description of law.,Sometimes the definition of law includes moral considerations.,Judges lack strong discretion.,D
Why is there an increasing recognition that retribution is a fundamental element of punishment?,Because rehabilitation of offenders presumes a recognition of the role of vengeance.,Because the lex talionis is misguided.,Because other justifications appear to have failed.,Because revenge is anachronistic.,C
Who was the first jurist to study comparative aspect of law?,Savigny,Austin,Kelsen,Maine,D
Which proposition below can be characterized as the most powerful refutation of Bentham's argument in support of codification?,The law is too complex to be codified.,Codification ossifies the law.,Bentham fails to take account of the criminal law.,Significant portions of the law are already codified.,A
Posner's economic analysis of law is roundly attacked by Dworkin who says the theory 'has not achieved the beginning of a beginning.' What is the basis of this criticism?,Posner's approach fails to offer a means by which to calculate individual prosperity.,It neglects the importance of individual choice.,"It regards wealth as a value, which it is not.",The theory is economically unsound.,C
What is meant by 'asking the women question'?,Encouraging women to be more assertive.,Enquiring of men why they oppress women.,Seeking answers from women about their experience of discrimination.,Attempting to expose the gender consequence of rules and practices that may seem to be objective or neutral.,D
Why is Bentham's account of sovereignty generally considered to be more sophisticated - and more acceptable - than Austin's?,Because Bentham's Utilitarianism redeems his account of sovereignty.,Because Austin overlooks the significance of morality.,Because Bentham recognizes the possibility of limiting the sovereign's power.,Because Austin incorporates power-conferring rules into his concept of the sovereign's commands.,C
"State legislatures often delegate lawmaking authority to local government bodies, including cities and municipalities, counties, school districts, water districts, and such. These governmental units are empowered to adopt ________.",ordinances,executive orders,federal statutes,charters,A
"The Marxist and critical race theory notions espoused by CRT are diametrically opposed to our democratic ideals.'
Which statement below is the most powerful refutation of this view?",There are no traces of left wing thought among CRT scholars.,Some CRT writing is openly sceptical of traditional American values.,Democracy is not an uncomplicated concept.,This is an unjustifiably narrow view of the CRT agenda.,D
